Update #1: since some flaming already ensued I'd like to state first and foremost that the Dell representatives were very helpful and polite in handling this. They were open to this customer's wishes, and she was very satisfied with her purchase and the subsequent refund.
Update #2: After some requests, I have put the e-mails that were sent online.

Recently my girlfriend bought a new computer. She was looking for a model that supported GNU/Linux, and opted for a Dell Inspiron 530, one of the models that can be purchased with Ubuntu in the United States. Unfortunately, in The Netherlands no consumer models are available with Ubuntu or any other GNU/Linux distribution yet. So, with no other options available, she ordered the machine, which was very affordable and had good specs.

Since she had planned installing GNU/Linux all along, and she is not particularly fond of the though of paying the Microsoft tax for software she will wipe out right away, we took care to read the EULA that is shown the first time the machine. The license said that if the EULA is declined, the customer should contact the manufacturer (or installer) about their refund policy. By the way, the EULA box seems to have been engineered to let people accept the EULA as quickly as possible: the box in which the EULA is shown is very small, making it an uncomfortable read. Additionally, there is only a button to accept the EULA, so we appropriately used the power button as a reject button ;).

After forcefully rejecting the EULA, we cleaned the partition table and installed GNU/Linux (which, as expected, works great on the Inspiron 530). Once everything was configured, she wrote an e-mail to Dell's customer support. Since this is an English blog, I translated her e-mail:

Dear sir/madam,

A few days ago, I ordered a Dell computer. It was delivered yesterday, to my full satisfaction. The computer was pre-installed with Microsoft Windows Vista and Microsoft Works 8.0. Since I have installed GNU/Linux and declined the Windows license, I would like to make use of the refund option as described in the Windows and Works licenses.

I would like to inform how the refund procedure works, and would like to start it if possible.

Thanks in advance, With kind regards,

After a few days she received a reaction from Dell that stated that a refund would not be possible without returning the complete machine, because the license is inseparable from the hardware. In her answer she referred to previous cases where Dell Germany and Dell UK provided a refund to customers.

In the next reply a Dell representative answered that she was indeed eligible for a refund for both Windows Vista and Works. The combined refund is Euro 70 excluding tax. My conclusions:

  • This provides no guarantee that Dell will give refunds to other customers. But at the very least they seem to be open to consumer choice for GNU/Linux (they have been providing GNU/Linux on servers and workstations for a longer time). They are slowly introducing some models with GNU/Linux in the EU, and in this case they also provided a refund.
  • In the meanwhile I have heard from others that if you want a machine without Windows, it is often best to place an order by telephone to see if it is possible to order a machine without Windows, rather than using the website.
  • From this refund and other stories, it seems that the per-machine "Microsoft-tax" is about Euro 70 (excluding tax). That's quite much, try to get rid of it when you plan to erase any pre-installed system anyway. Aside the fact that it's better for your wallet, purchasing or asking for machines without Windows shows that there is customer demand for choice.